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(영문) 춘천지방법원 원주지원 2016.05.10 2016고단263
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On December 18, 2014, the Defendant was sentenced to two years of imprisonment for rape and three years of suspended execution, etc. on the ground that he/she attempted rape in the Jeju District Court's original branch on December 18, 2014. The above judgment became final and conclusive on December 27, 2014, and was subject to registration of personal information, and on June 23, 2015, the Defendant was sentenced to a fine of three million won due to a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Observance of Secrecy,

Where any personal information submitted is changed, a person subject to registration of personal information shall submit the reason and details of the change to the head of a police office having jurisdiction over his/her domicile within 20 days from the date the reason and

Although the Defendant had changed his/her domicile and actual place of residence around November 27, 2015 to “C, 103 Dong 1004, 1004, Won-si, Seoul,” the Defendant failed to submit without justifiable grounds to the head of the original police station having jurisdiction over the Defendant’s domicile until December 16, 2015, within 20 days from the date on which the reason and details of the change occurred, without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of a letter submitted for modification of personal information;

1. An abstract of the resident registration slip;

1. A new letter of submission;

1. Records of judgment: References to inquiries, such as criminal history, and application of each statute of the judgment;

1. Article 50 (3) 2 and Article 43 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes (Selection of penalty) concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was that the Defendant, as a sexual offender, failed to submit personal information to the head of the competent police station prior to the example, and did not again submit the fact of change of address even though he was sentenced to a fine.

However, the defendant reflects the wrongness of the defendant.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.

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